(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),—
(a) every offence punishable under this Act shall be cognizable;
(b) no person accused of an offence punishable for offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity shall be released on bail or on his own bond unless—
(i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and
(ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.
(2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force, on granting of bail.
Legal Commentary & Landmark Judgments: Section 37
Section 37 establishes the landmark twin conditions for bail in offences involving commercial quantities, rendering bail virtually impossible unless stringent statutory thresholds are met.
Unless the defense can dismantle the prosecution case at the threshold (e.g. fatal procedural violation under Section 42, 50, or 52A), regular bail cannot be granted.
Section 37 is the most formidable bail barrier in Indian criminal jurisprudence. It reverses the standard bail presumption: bail is the exception, jail is the rule. Unless the defense can dismantle the prosecution case at the threshold (e.g. fatal procedural violation under Section 42, 50, or 52A), regular bail cannot be granted.